Caliber Advisors offers expert witness services in many Federal and State Court venues. In August, 2012, Ken Nunes testified in US Tax Court in Los Angeles, California, as an expert witness on excess compensation IRC Section 162) and transfer pricing (IRC Section 482).
Tax partners at Greenberg Traurig engaged Caliber to assist their client in a gift tax audit by the IRS. The client had received a notice of deficiency on the valuation of a partnership interest in a partnership holding commercial and residential mortgages.
We reviewed GT’s client’s financial information and prepared a presentation for the IRS examination team and follow-on presentation to Appeals. Our experience with taxpayer representation throughout the controversy spectrum (from exam through US Tax Court) allows us to efficiently represent GTs clients with a solid understanding of the manner of engagement and the level of support needed at each stage of the controversy.
Caliber is frequently retained by law firms to assist their clients with Tax Services.
We were engaged to provide valuation services to the tax law firm representing the US and Mexican families that own this large distributor of food and beverage products in Mexico. Certain shareholders of the company were of US nationality and were transferring business assets and IP into US partnerships held by a US trust. We valued the assets and IP under IRS fair market value requirements. The analysis was complicated by the fact that the enterprise was operating under multiple entities with different ownership.
Dr. Sarin was engaged by the California Franchise Tax Board to opine on the extent to which Microsoft’s marketing intangibles contribute to its success, whether Microsoft’s intangible assets should be included in the apportionment formula to calculate its California taxable income, whether there is any justification for changing the allocation weights in the apportionment formula, and whether gross receipts from the sale of marketable securities by Microsoft’s treasury department should be included in the apportionment formula.
The Superior Court of California favorably cited Dr. Sarin’s testimony with respect to the distortion caused by using Microsoft’s gross receipts from marketable security sales in the apportionment formula and found that the overall distortive impact from Microsoft’s inclusion of the full redemptive price from its trading of marketable securities is substantial.